Deliberations under way in CEO appeal
Horacek hearing finished; decision not yet determined

By Lona Panter
lpanter@barrowcountynews.com

The postal service will be delivering some important news to Beth Horacek and the Barrow County Board of Commissioners in the coming days.

Horacek, Barrow County’s chief financial officer, is appealing the 40-hour unpaid suspension handed down to her by County Commission Chairman Danny Yearwood earlier this year.

Friday wrapped up the second day, and final day, of the hearing, with Horacek’s attorney questioning former County Chief Administrator Keith Lee and former Commission Chairman Doug Garrison before Horacek herself took the stand.

Day two was slightly less explosive than the first hearing, where Yearwood and Healan spent more than an hour in a heated debate.

That’s not to say that all was calm throughout the day. On several occasions, Healan
and Davis stopped to argue, and again, Personnel Board chairman Allyson Summerour was forced to intervene as the day continued.

The issue at hand is whether the suspension Horacek received was warranted. Horacek was accused by Yearwood of being "untruthful" regarding a group insurance rate increase of 7.64 percent that was not budgeted or passed on to the county’s employees.

Currently, the county’s insurance budget is projected to be almost $250,000 over budget.

Lee testified that the budgeting for insurance began in April or May of last year, as the county planned to drop its brokerage and broker the insurance itself. Renewal rates for the insurance would have been made available 60-90 days in advance of the renewal date, he told the Board.

When all was said and done, he said he suspected there would be a shortage in the insurance budget, but that he also was predicting a surplus in the retirement funds which would even things out.

In regards to claims that Lee instructed Horacek to not account for the projected increase in insurance rates, Lee said he did not remember his instructions.

"I have no recollection that I told [her not to add the increase], and I have no document saying that I did," he said.

When asked if he had met with Yearwood and Horacek to discuss the budget shortfall, Lee said, "I do recall meeting with Chairman Yearwood and Beth, but I don’t remember the discussion."

Former Chairman Garrison also spoke about the budget.

Garrison said he had been satisfied with the numbers in the budget, which was why it passed.

"We felt comfortable with the numbers," he told Healan.

He said Lee was more involved in the budgeting process than Horacek and that he did not remember the discussion of a rate increase for the health insurance.

"Was there any thought given by you to misrepresent these numbers?" Healan asked Garrison.

"Certainly not," the former chairman replied.

Garrison also said that he would not have passed a budget that he foresaw shortfalls in, because at the time of the budget, he still planned on being in office.

After a brief break, Horacek took the stand.

She testified she was not untruthful and continues to believe the reason for the overage is due to open enrollment and qualifying events, as she said in the January and February commission meetings. She said she had been told not to question the practices of the elected officials.

"If I had any kind of issue, [I was to] inform Chairman Yearwood and let him deal with it," she said.

She said she sent an e-mail on Jan. 21 to the Chairman and Lee regarding the unbudgeted increase.

When Yearwood and Commissioner Steve Worley approached her about the budget, she said Yearwood told her he had probably read the e-mail and deleted it "since it dealt with the ’09 budget and he could do nothing about it."

She said she only brought the increase to the attention of the commissioners at the March meeting because Worley suggested she do so.

She also said Worley told her "‘I would put everything in writing,’" and that "[Worley] is not saying Danny is a liar, but he sometimes forgets, and has a hard time hearing."

Horacek said it wasn’t the money that motivated her formal appeal — although she stands to recoup the $1,600 she lost.

Rather, it is her name she wants back. She said she does not want to be seen as a liar.

"It wasn’t ever about the money, it was about my name," she said. "If I get my name, I’m fine."

The Personnel Board will deliberate on the testimony from both sides and make a decision, Summerour said. The county and Horacek will be notified of that decision via a letter.




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